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HomeMy WebLinkAboutAgreement_General_12/13/2007Settlement Agreement and Release between the Village of Tequesta and Vincent Arena Vincent Arena and the Village of Tequesta, including its officers, Council Members, agents and staff (collectively "Tequesta"), sole parties in the matter known as Vincent Arena, Appellant, v. Village of Tequesta, Appellee, presently pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Appellate Division (civil), case number 502007CA008500XXXXMB, division AY, said case having arisen from underlying code enforcement disputes and proceedings (the entirety of which shall be referred to as "the litigation"), herein agree to the terms of this Settlement Agreement to fully and completely resolve the litigation. The terms of this Agreement are as follows: 1. Tequesta shall permit Arena, at his sole cost and expense, to install two gate /fence structures ("agreed structures") on his residential property located at 463 Tequesta Drive, Tequesta, Florida, 33469 (the "property"), in the two locations indicated on Exhibit A hereto and in accordance with the dimensions set forth on Exhibit A. The structures shall be painted white and shall be constructed w' VC (poly vinyl chloride). Further, Arena is permitted to maintain on the property ,two vessels depicted on Exhibit A provided such vessels are stored on the property in the locations indicated on Exhibit A. and behind the agreed structures. 2. Without admitting any liability and solely as a good faith gesture to resolve the litigation and to defray Arena's settlement related costs, Tequesta shall deliver to Arena a lump sum payment of $3000.00 within 10 days following execution of this Agreement. 3. Tequesta and Arena intend for this Agreement to resolve all disputes between them and Tequesta further agrees to waive all claims for fines and penalties. Further, Tequesta and Arena affirm and agree that each releases and forever discharges the other from any claims, rights, damages, costs, suits, causes of action, in law or in equity, including any claims for costs, attorneys fees and expenses, which each may have against the other. 4. Within 10 days following execution of this Agreement, the parties, through counsel, shall file with the aforementioned court a stipulation for dismissal with prejudice. 5. The parties agree to cooperate with regard to any further matters necessary to effectuate the Agreement. 6. Each party shall bear its own attorneys' fees and costs. C~ '~ en Aren James Humpage, Ma of Tequesta ATTEST: lyL~. ~Yl u~ ~.~-c.'a~ 1-~ r. Y~1 ~ ~l.vi ~l ~ Q,rns Cmr/ C'C 13 2007 ~ ,2007 P ~~ /`~ ~' ~a ~,s ;_ .. ~~t~~` :D= IiVCORPORATED: • rsion : R17.Os (LMS Tech) Date\T'ime Tue, O4 Dec 2007 - 11:OOam User Nnme sstern ruin y.u,iir ~. yvr~tc~.a ~..i. ~~.~ ,,.~~~..~. ~,...~.~... ~..~_., ~~..,r_..~ .,.__ __. _. _._~~__.__.__, ©2006 ARCADIS GkM, INC. 3 ~ , ~ ' ~ 4 a a~~ ~~~~ :~ n ~ $J v b 0 ~~ ~~ d ~~ ~y oa z ~ 4; z m~ ~; 4 ~' x ~~ 40 ~ ~ ~ ~ ~ x ~8° mm ... • • Current rPbt die a; ByOOlo~r n^VQ '~ . r ~' ', ~~ ,. .,. w ~ .~ ;- , ` ;r~;ie° - .. : , .. `4 a •" ^(ti~ ~t• y t ~~ ~: ~. ~ _ _ ~ , L ~ S ~ _ . ~ - - I I _ - - -- ~ ~ z ~ 3~N3i6{N~ _--~ m ~ ppVER_RD__--__- 5 ~ ~, z v, i _--- m I _-_--~~ ~- m ~~p94 ~~ '' _ J--_"_-- ~. __-'-- I ~ . ' ~ ~~ D ~~ ~ ~ ~ ~~~ ~i ~: i .o i ;~ ~. Z o , ~I m t fT1~ ~ !I (rl l ~, Dii ~ Di. ~ ~ jC~NES FCJSTER jC)HNST(JN & STUBBS, PA. Attorneys and Counselors fla~ler Center Trnver. Suiic l lE)1) 505 South Flagle~• Drive West Palm Beach. Florida 33-({)I Telephone (56i) 659-3000 Scott d. Hawkins, Esquire Board Certified in Business Litigation Law by the Florida Bar birect Dial: 561-650-0460 Direct Fax: 561-650-0436 E-Mail: shawkins aQjones-foster.com January 7, 2008 VIA E-MAIL Michael R. Couzzo, Jr. Village Manager 345 Tequesta Drive Tequesta, Florida 33469 Re: Vincent Arena v, Village of Tequesta Dear Mike- .~ Aluilirtg rtdclress I~~~t oa;~-e 8~~. 3:~~; West Palm Beach, Flori~u 33-(()?-3d7S Enclosed is a copy of my transmittal to Judge Hoy of a proposed agreed motion to dismiss this matter with prejudice and to vacate the prior ruling. I anticipate that Judge Hoy will enter the proposed Order which is attached for your reference and that this matter will thereafter be concluded in the State Court system. I understand that all other requirements relative to this settlement have been completed. Are you aware of any open issues regarding the Arena settlement that need to be addressed? By copy of Phis letter to Trela White, Esq.., I am advising heron the status of this matter. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. -~--. gy - S ott G. Hawkins SGH:Io Enclosure cc: Trela White, Esq.. (via a-mail w/encl.) P:1DOC5\13153\00001\LTR112o0787 DL1C wwzv. jorres foster canr ;o~ FCJSTER ;o~sroN St S'T[.TBBS, P..A, Attorneys and Counselors Flatter Center Tower, Suite I i 00 505 South F-atler grive West Patin Beach. Florida 33401 Telephone t561) 659-3000 Scott G. Hawkins, Esquire Board Certified in Business Litigation Law By the F[arida Bar Direct Dial: 567-650-0460 Direct Fax: 561-650-0436 E-Mail: shawkins@jones-foster.com January 7, 2008 Honorable John J. Hoy Palm Beach County Courthouse Room 9.1215 205 North Dixie Highway West Palm Beach, FL 33401 rYfuilirrg Adrl~r++ Post Office Box 3375 West Palm Beach. Florida 33-N)3-375 Re: Vincent Arena v. Village of Tequesta Appellate Case No. 502007CA008500X~CXMB Dear Judge Hoy: As previously advised by Motion, the parties have reached a final settlement in this matter. Accordingly, the parties now seek through the enclosed Agreed Motion to obtain an Order dismissing this matter with prejudice. A proposed Order in this regard is enclosed for your reference. By copy of this letter to Thomas F. Ryan, Esq.., ! am advising opposing counsel of this transmittal which is being delivered to you with his expressed authorization. Assuming the Agreed Motion meets your approval, I request that you execute the enclosed original Order and issue t:.onformed copies thereof to counsel of record in the enclosed postage prepaid envelopes. Respectfully submitted, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By ~ , colt G, Hawkins SGH:Io Enclosure cc: Thomas F. Ryan, Esq. (w/encl.} P:IDOCS133153\00001U.TR11200777 DOC wzuw: jones foster.coru In the Village of Tequesta Special Master Compliance Vincent Arena Respondent/Appellant v Village of Tequesta PetitionerlAppcllee Appellate Case No. 502007CA008500XXXXMB Case No, 2006-00124 Agreed Motion Dismissing this Action and Vacating the Final Judgment and dismiss'tn~ that action with Prejudice_ Comes now the Appellant Vincent Arena by and through his undersigned attorney and tiles this Agreed Motion and states: 1. The parties have reached a settlement in this matter. 2 The parties have agreed to dismiss the appeal and vacate the Final Judgment and dismiss the underlying action with prejudice. Agreed: -~aw~~T~ ~-~, SOS South Flagier~ Dr.. Suite 1100 West Pahn Beach Fl 3340 i Fl Bar Number (561) 659-3000 Fax {561) 650-0136 1 mas F. Ryan P.O. Box 14909 North Palm Beach Fl 33408 Fl Bar Number 29.3180 (561)626-3179 Fax (561) G30-691 ? ORDER This matter having come before the court upon an agreed Motion and the court having reviewed the same' IT IS HEREBY ORDERED AND AD.IUDGED TI-IAT: 1. The Final .Judgment in this matter is vacated. The underlying matter is dismissed with prejudice. The appeal is dismissed. Done and ordered on this the ~ day of , 2008. 3udge .John .i. Hoy cc: above referenced attorneys